Brittain v. Richardson
Supreme Court of Louisiana
Appeal from the Court of Probates of Ouachita, Lamy, J. Morphy, J. The plaintiff seeks to recover from the succession of Felix Matthes $4000, the amount of a promissory note of the deceased, made to her order, bearing date the - 1st of March last, and payable on the 1st of February next.
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Appeal from the Court of Probates of Ouachita, Lamy, J. Morphy, J. The plaintiff seeks to recover from the succession of Felix Matthes $4000, the amount of a promissory note of the deceased, made to her order, bearing date the - 1st of March last, and payable on the 1st of February next. The curator of the estate pleads the general issue, and avers that the note sued on, if ever executed by the deceased, is a feigned donation, made for the purpose of giving the plaintiff all the property of the deceased without any consideration whatsoever, and is therefore null and void. The attorney for the…
1Opinion of the CourtMorphy, J.
The testimony does not, in our opinion, show a valuable consideration in the legal sense of the term. It discloses rather the motives which led the deceased to execute, in favor of the plaintiff, this note, which was clearly intended to cover a donation to her. Admitting that the small sum, which was either lent or given in 1825 to the deceased, created sucha natural or moral obligation as could form a sufficient consideration for a note of an amount about equal, it is obvious that the enormous overplus for which he bound his estate was a donation which he wished to make in her favor in…
2Cases cited2 opinions
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